Excerpt: ...o response to the motion has been filed. Plaintiff previously obtained an order from the court deeming matters admitted. The prior order and the moving papers are sufficient to establish that Plaintiff's Complaint is sufficient to state a cause of action against Defendant and that Defendant cannot state facts sufficient to assert any viable defense. Accordingly, Plaintiff is entitled to recover judgment on its Complaint against Defendant Claudia ...

Excerpt: ...or personal injury damages arising from an accident on September 11, 2015 (See Complaint, Attachment MV-1.) Defendants demur asserting all of Plaintiffs' claims are barred as a matter of law by the two year statute of limitations under CCP 335.1. Plaintiffs have not made any showing that they can assert facts sufficient to show their claims are not statutorily barred. Accordingly, leave to amend is appropriately denied. If no one requests oral ar...

Excerpt: ...admitted. Mr. Zarabi shall also pay monetary sanctions under CCP § 2023.030 and §2033.280(c) in the amount of $460.00 within thirty days from the notice of this ruling. The Court notes that this discovery motion was timely noticed and served on defendant Zarabi at the address of his counsel as identified in his answer to plaintiff's complaint The Court has not received any response from defendant to this discovery motion. Exhibit “A” to the...

Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...

Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...

Excerpt: ...fficient to show the settlement between Woodside Homes and Talons Landscape Development, Inc. was made in good faith and is reasonable under CCP 877.6 and Tech Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. If no one requests oral argument, the court is prepared to sign the form of order lodged by Movant. ...

Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...

Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...

Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...

Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...

Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of ...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of ...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ...udicial Notice is granted as to Items 1-6 of plaintiff's Request for Judicial Notice under Evidence Code §452(d). Plaintiff's Request for Judicial Notice is granted as to Item #7 of plaintiff's Request for Judicial Notice only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the C...

Excerpt: ... being filed. Plaintiff's Request for Judicial Notice is granted as to Exhibits “JN 1” and “JN 2” under Evidence Code §452(a) and §452(b) OPERATIVE FACTS Plaintiff AEB's complaint alleges that within the last four years Dolan and USI became indebted to AEB for goods, wares, and merchandise obtained from AEB at Dolan and USI's request under a line of credit that Dolan and USI had obtained. Dolan and USI applied to AEB for a credit card a...

Excerpt: ...ion that supports compliance with §430.41(a)(3) as set forth in this ruling. If the moving party has complied with CCP 430.41 as set forth herein, the Court will publish a tentative ruling that addresses the merits of this demurrer on the day before the continued hearing date. In the event of non-compliance, defendant Sepulveda's demurrer will be overruled on those grounds. Any party that demurrers to a pleading must comply with the mandatory pr...

Excerpt: ...f's Complaint filed on June 12, 2017 is dismissed, with prejudice. Plaintiff is an unrepresented former inmate. He appears in propria persona in this action. He filed his civil complaint against the Kern County Superior Court by way of a Judicial Council form complaint. The caption to the complaint lists damages as “Length of Sentence.” The Complaint contains no facts and asserts only that Plaintiff was assessed too much prison time in his cr...

Excerpt: ...revailing party after court trial in this action. This was an action on a contract containing an attorneys' fees provision and Plaintiff is entitled to recover reasonable attorneys' fees pursuant to Civil Code 1717(a). The declaration filed in support of the motion indicates fees actually billed to Plaintiff amount to $61,140.00. The court finds this represents reasonable attorney's fees for this straight forward collection matter which was heard...

Excerpt: ...1016. Plaintiff was hit on the head by a baseball thrown by another student. Plaintiffs allege that a negligent failure to supervise the students on the playground resulted in this injury. The matter has been pending since March 22, 2017 and the trial has been continued twice. The minor was examined by Dr. Jacqueline Harris-Groeber on December 3, 2017. She recommended that plaintiff seek further examination from a neurologist. Defense counsel lea...

Excerpt: ...m of $3,219.50 from Defendants plus attorneys' fees in the sum of $1,830.00 for a total of $5,049.50. Plaintiff brings this action under the Mobilehome Residency Law. (Civil Code 798 et seq.) Plaintiff seeks an order determining the subject mobilehome abandoned and an order permitting a public auction of the mobilehome as provided in the statute. Proof of service in the file indicates that notice of the Petition has been given by mail and by post...

Excerpt: ...To calendar an Order to Show Cause to be heard on August 2, 2018 at 8:30 a.m.in Department 2 of this court as to why defendant Sheena Velasquez's answer to plaintiff's complaint should not be stricken and a default judgment entered against this defendant, and why monetary sanctions under CCP §177.5 in the amount of $750.00 should not be imposed against defendant Velasquez based on defendant's disobedience of the Court's November 30, 2017 order. ...

Excerpt: ...Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement This class action relates to 5,245 employees of Defendants' Dairy and Cheese production facilities. Plaintiffs seek recovery for Defendants' failure to provide adequate meal breaks. The parties reached a settlement of Plaintiffs' claims at mediation. The gross amount to be paid by Defendants under the settlement is $3,200,000.00. If all of Plaintiffs' requested deductions were approve...

Excerpt: ...ing: To sustain Defendant's demurrer with leave to amend. Plaintiffs shall have twenty days to amend their complaint. OPERATIVE FACTS On July 14, 2006, plaintiffs Linden and Odessa Beckford (“The Beckfords”) obtained a loan in the amount of $85,000.00 to purchase the investment property at 19497 Road 234, Strathmore, California 93267 “as a rental unit.” The Beckfords executed a promissory note that was secured by a deed of trust recorded ...

Excerpt: ...as required by California Rule of Court 3.1112(a) Second, the declaration of Marti Gonzalez that accompanies the moving papers for this motion was not submitted “under penalty of perjury” as required under CCP §2015.5 so as to be admitted into evidence in support of a motion. Also, there has been no proof of service filed with Ms. Gonzalez's motion to document that the moving papers for this motion were served on defendant-cross complainant ...

Excerpt: ...Fernandez obtained an order from the court on February 6, 2018 relieving him as Mr. Fernandez's counsel in this action. Mr. Fernandez remains in pro per. The Ledger Law Firm appears to remain as counsel of record for the minor Plaintiffs and their guardian ad litem. Moving Defendant asserts he was served with the summons and complaint but is not the person named in the police report relating to the subject automobile accident. No response to the ...

Excerpt: ...r 2, 2017 attended by counsel for Plaintiffs and Defendants. At the CMC the court ordered the matter set for trial on October 29, 2018. In January 2018 all parties stipulated to advance the trial date to October 1, 2018. Plaintiffs' current motion was filed on May 23, 2018 asking to add a new cause of action for Medical/Hospital Malice and Oppression and to add a new claim for punitive damages. Defendants oppose the motion. As Plaintiffs point ou...

Excerpt: ...e Nursing and Rehabilitation Center's demurrer to the causes of action for elder abuse with twenty days' leave to amend. Based on this court's ruling as to defendant Tulare Nursing and Rehabilitation Center's demurrer to plaintiffs' first amended complaint, defendant Tulare Nursing and Rehabilitation Center's motion to strike portions of plaintiffs' first amended complaint is moot. OPERATIVE FACTS This is an action filed by Sylvester Grigsby, ind...

Excerpt: ...nterpretation by reading it as a whole and with all its parts in their context. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers...

Excerpt: ...) demurrer for failure to show they owed her a duty of care for injuries she received from their tenant's dog. On demurrer to the first amended complaint the court determined “[u]nder California law, a landlord does not owe a duty of care to others for injuries incurred from a tenant's dog unless the landlord had actual knowledge of the presence of the dangerous animal. Constructive knowledge is insufficient. (Uccello v. Laudenslayer (1975) 44 ...

Excerpt: ... without prejudice. This wage and hour class action relates to 105 or 104 employees of defendants Joe Vander Poel and Ron Vander Poel. (Plaintiff needs to clarify the exact number of members; page 4 of attorney Karasik's declaration states the number is 104.) At mediation, the parties entered into a settlement agreement for a gross settlement amount of $150,000.00 to be paid in three installments over 12 months. Plaintiffs have provided their est...

Excerpt: ...iffs In Intervention Travelers Property Casualty Company of America, The Travelers Indemnity Company of Connecticut, St. Paul Mercury Insurance Company, St. Paul Surplus Lines Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion to Bifurcate. Proof of service in the court's file indicates notice of the motion was adequate. Plaintiffs in Intervention have filed a notice of non-opposition by any party to the motion. No...

Excerpt: ...tion 435.5(a) requiring defendant to meet and confer with plaintiff prior to filing the motion to strike. Accordingly, the motion to strike is ordered off-calendar. The parties are directed to meet and confer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike before re-scheduling the motion. If no one requests oral argument, under Code of Civil Procedure sectio...

Excerpt: ...vil Procedure section 473(d). Plaintiff requests the order because it “can no longer pursue collection of the debt against the Defendant.” Code of Civil Procedure section 473(d) authorizes the court to correct clerical mistakes in a judgment and, after notice, to set aside any void judgment. Here, there is no proof of notice to defendant. Moreover, the court has no authority to grant the motion under section 473(d) based on the reason stated....

Excerpt: ...ial District's Demurrer as to Plaintiff's Complaint is sustained without leave to amend All parties to this action were given timely and proper notice of this demurrer. There has been no response to this demurrer As to Exhibit “A,” defendant's request for judicial notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except for orders from the Court that appear in the Court's file for this case, ...

Excerpt: ...(c)) and must view the evidence and inferences "in the light most favorable to the opposing party." See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ragland v. U.S. Bank Nat'/ Assn. (2012) 209 Cal.App.4th 182, 199 "If a party moving for summary judgment . . . would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then he should prevail on summary judgment." Ag...

Excerpt: ... all defendants except Castlewood Partners, Inc. without leave to amend as to plaintiff's first and second causes of action and directed the plaintiff to file an amended complaint within thirty days from the notice of this ruling. The notice of ruling was served by mail on April 24, 2018, and on May 2, 2018 plaintiff responded with the motion for reconsideration that is presently before this Court. AUTHORITY AND ANALYSIS The legislative intent be...

Excerpt: ...ttlement that was preliminarily approved on February 8, 2018, including the supporting declarations of Javier Larios, Norman Alcantara, Santos Gomez, and Gregory N. Karasik. From this review the Court makes the following findings; (1) The requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons who at any time between March 9, ...

Excerpt: ...inal approval of class action settlement that was preliminarily approved on March 15, 2018, including the supporting declarations of Manuel Soto, Maria Esmeralda Vizzusi, Santos Gomez, and Mai C. Vang. From this review the Court makes the following findings: 1. All the requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons wh...

Excerpt: ... for Order of Deposit. Plaintiff seeks to acquire through eminent domain a portion of Defendants' real property for use as a water tank site. Plaintiff has filed its Complaint in accordance with CCP 1250.010 et seq. Before the court is Plaintiff's application for a pre-judgment order of possession pursuant to CCP 1255.410. Defendants oppose the application asserting only that Plaintiff has not made the deposit required under CCP 1250.010. Attache...

Excerpt: ...ling of a proof of service that complies with the statutory standards (here CCP §417.10(a) when service is completed by personal service) creates a rebuttable presumption that service was proper. See Floveyor Int'l. Ltd v. Superior Court (Shick Tube‐Veyor Corp.) (1997) 56 Cal.App.4th 789, 795. Under CCP 417.10(a), where service is completed by personal delivery, the process server's declaration must show the time and place where the summons wa...

Excerpt: ... July 14, 2009, and has not undertaken any action to resolve her case by way of trial or settlement. An action must be brought to trial within five years after it is commenced against the defendant. If not, dismissal is mandatory on the motion of any party, or on the court's own motion. See CCP §§583.310 and 583.360 This five year statute establishes a “bright line” beyond which plaintiff's delay would not be tolerated. See General Motors C...

Excerpt: ...ons to evidence deemed material to the motion. (CCP 437c(q).) The court's rulings are in the file on the form of order lodged by Defendant. A summary judgment motion raises only questions of law regarding the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving pa...